What is a “Statute of Limitations”
So what is a Statute of Limitations? Merriam Webster dictionary defines it as “a statute assigning a certain time after which rights cannot be enforced by legal action or offenses cannot be punished.” So you can think of the statute of limitations as an expiration date for when your claim can be filed.How does this work in the real world?
Let’s say you’re in an accident, and then for whatever reason you don’t report it or pursue legal action in any manner. A little while later you realize there are long term consequences to your accident and you want to pursue legal action. But, depending on how long it has been since the accident your options could be complicated. The best plan is to call one of our personal injury attorneys today to help you understand your options.Personal Injury Statute of Limitations
The Ohio Statute of Limitations for personal injury claims is two years from the date of the accident according to Ohio Revised Code 2305.10. So for most personal injury suits including car accidents, bike accidents, and pedestrian accidents the statute of limitations would be two years.However there are a few exceptions.
- If the claimant is a minor the statute of limitations is extended to two years past their 18th birthday.
- If a claimant is determined to be of unsound mind the statute of limitations is extended to two years past when their disability designation is removed.
- In medical malpractice claims must be filed within one year of the injury being discovered, when it should have been discovered, or within one year of the ending of the doctor/patient relationship. A claim can not be filed after four years of the alleged malpractice.